LAW 682 Lecture Notes - Lecture 15: Judicial Notice, Closing Argument
Document Summary
201: judicial notice of adjudicative facts (a) scope. This rule governs judicial notice of an adjudicative fact only, not a legislative fact. (b) kinds of facts that may be judicially noticed. The court: (1) may take judicial notice on its own-; or (2) must take judicial notice if a party requests it. And the court is supplied with the necessary information (beyond dispute- The court may take judicial notice at any stage of the proceeding. (e) opportunity to be heard. On timely request, a party is entitled to be heard on the propriety of taking judicial notice and the nature of the fact to be noticed. If the court takes judicial notice before notifying a party, the party, on request, is still entitled to be heard. (f) instructing the jury. In a civil case, the court must instruct the jury to accept the noticed fact as conclusive.
